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Lake County Overview
Lake County, IN Code of Ordinances
LAKE COUNTY, INDIANA CODE OF ORDINANCES
TITLE I: GENERAL PROVISIONS
TITLE III: ADMINISTRATION
TITLE V: PUBLIC WORKS
TITLE VII: TRAFFIC CODE
TITLE IX: GENERAL REGULATIONS
TITLE XI: BUSINESS REGULATIONS
TITLE XIII: GENERAL OFFENSES
TITLE XV: LAND USAGE
TABLE OF SPECIAL ORDINANCES
PARALLEL REFERENCES
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§ 3.20 STAFF IDENTIFICATION BADGES
   (A)   Each employee is issued an identification badge (I.D.) with his or her photograph on it for identification purposes. The purpose of the I.D. is to identify an employee of the County while performing his/her duties. It should never be used as a form of identification outside of work.
   (B)   The I.D. must be turned in when employment terminates. An employee should immediately report a lost or stolen badge to their supervisor. Should an I.D. become damaged, an employee may turn in the damaged tag for replacement at no cost. If an I.D. is lost, a $5.00 replacement fee may be charged.
SECTION 4- EMPLOYEE BENEFITS
The benefits outlined in this section apply to all County employees including those covered by a collective bargaining agreement, unless the bargaining agreement or contract explicitly addresses the issue in a manner contrary to this chapter. In those instances, the terms of the bargaining agreement or contract will supersede the terms of this chapter.
The County provides a number of benefits to its employees. Although some benefits are required by law, most benefits are provided voluntarily to employees as part of the overall compensation that an employee receives. Many of the benefits provided exceed those normally provided in the private sector. This section represents an outline of benefits and is not a full explanation/description. Employees who desire more detailed information regarding a specific benefit should contact the appropriate source as listed or the Insurance Department.
§ 3.21 INTERNAL CONTROL STANDARDS - PERSONNEL TRAINING
   (A)   Personnel of the County whose official duties include receiving, processing, depositions disbursing, or otherwise having access to funds that belong to the County, Federal Government, State Government, a political subdivision, or another governmental entity shall be trained once during a calendar year, and annually thereafter, unless on administrative leave status, pursuant to the County's Uniform Internal Control Standards and Materiality Policy and any other standards and procedures determined necessary by the County and shall cooperate with the Auditor so that the Auditor can timely certify to the State Board of Accounts that the training was received annually by those personnel as required by law.
All new County hires shall be trained pursuant to the County's Uniform Internal Control Standards and Materiality Policy.
§ 4.1 LIFE INSURANCE
   All regular full-time employees are provided a life insurance policy at no cost to those employees covered by the County's Health Insurance Plan, and $1.00 to those employees who are not covered by the plan. The amount of the policy is equal to one year's salary (the amount is equal to the employee's base pay and does not include overtime). Please contact the Insurance Department for additional details. (See Voluntary Supplemental Benefits for additional life insurance benefits)
§ 4.2 HEALTH INSURANCE
   (A)   Regular full-time employees and statutory full-time employees are eligible for single (employee) or family (dependent) coverage administered for the County by private contract. Coverage includes: medical, prescription, dental and vision benefits. Contributions and coverage limits may vary. Please contact the Insurance Department for additional information regarding current rates and coverage.
   (B)   A regular full-time employee is an employee who has completed his or her orientation period and who works on average at least thirty-five hours or more per week.
   (C)   A statutory full-time employee is an employee who is paid out of a regular full-time employee position, who in fact may not work at least 35 hours per week, but who receives benefits by virtue of State statute, reimbursement agreement with the State or Federal government, or is an elected or appointed official, judge or magistrate, pursuant to the Indiana Constitution, or State statute.
      (1)   These are employees who may work less than 35 hours per week but for budget purposes are placed in job classifications where the salary is based upon working 35 hours per week and for whom health benefits must be provided by State statute or reimbursement funding agreements watts the State of Indiana or the Federal government. This includes County elected or appointed officials, judges and magistrates in a position created by the Indiana Constitution, or State statute.
      (2)   Notwithstanding Section I.C., in order to implement the Settlement Agreement entered into between the Lake County Superior Court and the Lake County Council dated March 13, 2018, in Order for Mandate of Funds in the Lake Superior Courts, 45D10-1701-CB-00003, Judges and Magistrates appointed to a position of Judge or Magistrate after January 1, 2019, shall be ineligible to participate in any and all current and future health care coverage and benefits provided by Lake County Government. However, Judges or Magistrates appointed after January 1, 201 9, who were either a Judge or Magistrate in the Lake Superior Court on December 31, 2018, small be covered.
   (D)   In those cases where union pensions and welfare funds are involved, the County will make the appropriate contributions pursuant to the collective bargaining agreement.
   (E)   Cobra Rights
      (1)   Employees and their families will have the opportunity for a temporary extension of health insurance coverage in certain instances where coverage under the County’s health plan would otherwise end. Only those employees, as well as the employee’s spouse and dependents who were covered under the County’s health insurance plan on the day before the event which triggered termination of coverage are eligible to elect continuation of coverage.
      (2)   Employees who are covered by the County’s health insurance plan have a right to elect continuation coverage if a loss of group health coverage occurs because of a reduction in hours of employment or the termination of employment. Generally, an employee is eligible for up to eighteen (18) months of continuing coverage although the length of coverage may be extended under certain circumstances due to an employee disability, and for coverage of dependents and spouses. COBRA rights may be withheld to the employee for certain reasons of gross misconduct.
§ 4.3 FAMILY AND MEDICAL LEAVE
   (A)   The County recognizes that employees may need time off to care for the medical needs of themselves, their children, their spouses and their parents. In order to comply with the Family and Medical Leave Act (“FMLA”), the County has developed this policy to provide eligible employees the necessary flexibility to manage their careers and family needs. To the extent that the FMLA provides greater family or medical leave rights to employees than are provided under existing policies, the requirements of the FMLA will prevail and will supersede existing policies. Leave time taken under other policies, which would qualify as leave under the FMLA, will be taken into account when computing the FMLA leave.
   (B)   The following information should be viewed only as an outline of FMLA. Please contact the Human Resource Consultant for specific details.
   (C)   Eligibility
      (1)   To be eligible for the FMLA, an employee must have been employed for at least twelve (12) months and must have worked at least 1,250 hours during the previous twelve (12) month period. The FMLA entitles eligible employees to take up to twelve (12) weeks unpaid leave of absence during a twelve (12) month rolling period. Leave may be taken on either a “block” basis (from the start date continuously until the employee returns or leave is exhausted) or on an intermittent basis. In the event that the leave is intermittent, leave will be granted in increments of no less than 15 minutes.
      (2)   FMLA leave does not need to be taken in conjunction with leave due to an on-the-job injury (worker compensation).
   (D)   Reasons For Leave - Employees may be granted 12 (twelve) weeks of leave for any of the following reasons (unless otherwise noted):
      (1)   To care for a newborn child, newly adopted or newly placed foster child. The employee's right to leave for this reason ends twelve (12) months after the birth, adoption or placement of the child with employee.
      (2)   To care for a family member such as a spouse, child or parent who has a serious health condition (under the care of a health provider) and prevents that individual from performing their regular activities for three or more days.
      (3)   For a serious health condition (under the care of a health care provider) which debilitates the employee and prevents that individual from being able to perform his/her duties at work for three or more days.
      (4)   Exigency Leave - Any qualifying exigency (arising out of the fact that the spouse, or a son, daughter, or parent of the employee is on active duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation.
      (5)   Servicemember Family Leave - An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the service member. The leave described in this paragraph shall only be available during a single 12-month period. During the single 12-month period described above, an eligible employee shall be entitled to a combined total of 26 workweeks of leave.
   (E)   Written Notification - All notification of leave under the FMLA, including extensions, will be provided to County employees in writing in accordance with federal regulations. In turn, the employee will also make all requests for such leave in writing. In those situations where, due to an emergency, notification cannot readily be provided in writing, the employee will be requested to provide such notice as soon as possible using all federally approved forms. Employees have a responsibility to notify their employer as soon as possible once they are aware that a leave that may qualify under FMLA may be needed. Employees seeking leave should contact the County Insurance Department in addition to their supervisor/office holder.
   (F)   Computing Leave Time - The twelve (12) month period for taking leave will be measured on a rolling calendar basis measured from the last leave. In the event that the leave is taken intermittently, the leave shall be measured from the first day of leave.
   (G)   Extension of Leave - FMLA leave may not be extended beyond twelve (12) weeks to any employee without the written approval of the department head and elected official.
   (H)   End of Leave Notification - Departments are required to notify the County's Human Resources Consultant at least two (2) weeks prior to the end of any leave so that proper federally approved forms may be sent to the employee notifying him/her of the end or extension of their leave.
   (I)   Special Limitations - The Act includes a special provision in the event of a birth, adoption or placement of a foster child, and where both parents are employed by the County. In those cases, a total of 12 weeks of leave is available to the parents and may be taken in any combination of leave providing the total taken by both individuals does not exceed 12 weeks.
   (J)   Substitution of Paid Leave  
      (1)   FMLA leave is unpaid. However, employees who are eligible for short-term disability must utilize that leave in conjunction with FMLA. Employees must use all accrued sick leave while on FMLA, except for five (5) days which may be banked for future use. In addition, the employee may, at his/her discretion, substitute vacation which they have earned or accrued for part or all of the FMLA leave and count it against the maximum twelve (12) week entitlement (or in the event of a servicemember leave, twenty-six (26) weeks).
      (2)   An employee who exhausts his/her FMLA and all paid time off (vacation, sick/personal time) may be provided up to 10 (ten) days of unpaid leave in the succeeding twelve (12) months (from the last day of leave) following an approved leave, subject to the approval of that employee's department head/elected official in consultation with the County's Human Resource Consultant.
   (K)   Health Insurance Coverage While On Leave - Group health and/or dental insurance coverage for employees while on leave will be continued on the same basis as coverage would have been provided had the employee been continuously employed during the leave period. Any share of health and/or dental insurance premiums which had been paid by the employee prior to the leave, must continue to be paid by the employee during the leave period. If paid leave is substituted as discussed above, the employee's portion of the premium will be paid by payroll deduction. If all or part of the leave is unpaid, the employee must make arrangements with the Insurance Office for a mutually agreeable schedule for paying the employee's portion of the premium. The employee's failure to make the necessary contributions will lead to the cancellation of group health and/or dental insurance coverage.
   (L)   Failure to Return from FMLA Leave - If the employee does not return to work following leave (depending on the reason for the employee's failure to return to work), the County reserves the right to recover all group health and/or dental insurance premiums paid by the County during the leave period. The reimbursement will be based on the cost of COBRA coverage.
   (M)   Status Report and Medical Certification Prior to Returning from Leave
      (1)   An employee on FMLA leave must report to their department head every two (2) weeks on his/her status (including if leave is taken for a family member), as to whether they intend to return to work and the date which they will return to work, if known.
      (2)   Employees who take FMLA leave due to their own serious health condition must provide a fitness-for-duty medical certification from their treating health care provider prior to being permitted to return to work. Under no circumstances will an employee who fails to provide certification be permitted to return to work. Fitness-for-duty is not required if leave is taken to care for a family member.
   (N)   Job and Benefit Protection
      (1)   Employees returning from FMLA leave will be given the same job they had when they left on leave or an equivalent job with equivalent pay, benefits and other employment terms, including no loss in years of service. Employees who fail to return to work at the end of leave, lose their rights to be returned to their former jobs or equivalent positions.
      (2)   The use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of leave. However, employees will not accrue any type of leave benefit while they are on non-pay status.
   (O)   Changes in Regulation - The Family and Medical Leave Act is subject to updates, changes and amendments by Congress and the U.S. Department of Labor, Wage and Hour Division. In the event that such change conflicts with this handbook or other County policy, the current federal law or regulation shall apply.
   (P)   Definitions - The following definitions will be used:
      (1)   A “child” refers to a biological, adopted, foster, or “step” child, a legal ward, or a person less than eighteen (18) years of age, for whom the employee has the responsibility to provide care and support, Additionally, a “child” is considered a person eighteen (18) years or older who is incapable of self-care due to a physical or mental disability. A “parent” refers to an individual's natural parent or a parent who has/had legal custody of a child as described above. The aforementioned age definition shall not apply to leave taken for the care of a servicemember or due to an exigency leave.
      (2)   Health care provider includes:
         (a)   Doctors of medicine or osteopathy authorized to practice medicine
         (b)   Podiatrists, dentists, clinical psychologists, optometrists, chiropractors, nurse practitioners, nurse-midwives, clinical social workers (each performing within their scope of practice)
         (c)   Christian Science practitioners listed with the First Church of Christ, Scientist of Boston, or
         (d)   Any health care provider recognized by the County's group health plan.
§ 4.4 BEREAVEMENT LEAVE
   (A)   In the event of a death within the immediate family, a full-time employee is entitled to be paid and absent from work for a period not to exceed three (3) consecutive working days. Immediate family means:
      (1)   Husband (including legal or common law)
      (2)   Wife (including legal or common law)
      (3)   Son (including step son)
      (4)   Daughter (including step daughter)
      (5)   Father (including current step father)
      (6)   Mother (including current step mother)
      (7)   Father in Law
      (8)   Mother in Law
      (9)   Brother (including in law)
      (10)   Sister (including in law)
      (11)   Grandparents (including in law)
      (12)   Grandchildren
      (13)   Spouse's grandparents
      (14)   Spouse's grandchildren
      (15)   Any other person who is currently living in an employee's household and has been so domiciled for at least the past year.
   (B)   Proof of loss may be required.
   (C)   Excluded from this listing are any former relatives (such as former in-laws due to the dissolution of marriage). Employees may be granted up to one day (to attend the funeral or service) in the death of an aunt, uncle, or the spouse of a brother-in-law or sister-in-law. Proof of attendance may be required.
   (D)   In certain situations where the death of a spouse, child or parent has occurred and extenuating circumstances exist, special provisions may be made by the department head after discussion with the elected office holder.
§ 4.5 HOLIDAYS
   (A)   Paid holidays are designated annually by the County Council. Holidays for union members and County employees shall be the same unless a collective bargaining agreement provides otherwise.
   (B)   The County's ability to provide quality services during the rest of a workweek when a holiday occurs is extremely important. If an employee is absent without proper authorization (an approved paid day off is considered an authorized day off) on the last working day before a holiday or the first working day after a holiday, he/she will not be paid for the holiday.
   (C)   If a holiday falls during a scheduled vacation, an employee need not take a vacation day for the declared holiday to receive full pay for that week.
   (D)   Holiday compensation is counted as hours worked for the purposes of overtime. An employee who works a scheduled holiday shall be compensated at a rate of one and one-half times the employee's normal rate of pay if the total number of hours worked during the week exceeds forty hours. Compensation may be provided in payor compensatory time.
§ 4.6 EMPLOYEE BIRTHDAY HOLIDAY
   All full time employees are eligible for a day off with pay for their birthday after completing their probationary period. In the event that the birthday falls on a weekend, other paid holiday, or on a day in which County Government is closed, the birthday holiday may be taken on any other day during the week following the actual birthday (the specific date must be approved by the employee's department head). In the event that two employees have the same birthday, and having two employees at the same time absent would impact operations, the department head may choose an alternative date for one of the two employees during the week following the actual birthday.
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